Dissolve the "improper" decision of the industry Committee

The decision made by the industry Committee may harm the legitimate interests of the owners of the community, so some relief measures should be given to the relevant stakeholders.

After consulting relevant laws and regulations, relevant stakeholders have the following relief measures:

1) The industry committee shall not make decisions or engage in activities unrelated to property management. If the decision is in violation of laws and regulations, the sub-district office shall investigate first, and the investigation is true. Sub-district offices shall order them to make corrections within a time limit. If they fail to make corrections within the time limit, they shall generally be revoked by the district competent department. If the circumstances are serious, it shall be dissolved by the district competent department, and then the street office shall organize the owners' meeting.

2) If the industry committee decides to infringe upon the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it;

3) If the owners' committee makes decisions beyond its authority, the members who sign the decisions shall bear corresponding legal responsibilities.

Relevant basis:

"Regulations on Property Management in Shenzhen Special Economic Zone" Article 33 The decisions of the owners' meeting and the owners' committee shall comply with the provisions of laws and regulations.

? The owners' congress and the owners' committee shall not make decisions unrelated to property management within the property management area, engage in activities unrelated to property management within the property management area, or organize or participate in any business activities.

? If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it according to law.

? If the decision made by the owners' congress or the owners' committee violates the provisions of laws and regulations, the district competent department or sub-district office where the property is located shall order it to correct or revoke its decision within a time limit and notify all owners.

? If the owners' committee makes a decision beyond its authority, or makes a decision that has nothing to do with the property management in this property management area, the members who sign the decision shall bear corresponding legal responsibilities.

Article 38 of the Regulations of Shenzhen Special Economic Zone on Property Management shall be ordered by the district competent department to make corrections within a time limit if the owners' committee is under any of the following circumstances; If no correction is made within the time limit, the district competent department shall decide to dissolve it:

? (a) in violation of laws and regulations, seriously infringe upon the legitimate rights and interests of the owners;

? (two) in violation of laws and regulations, seriously affecting community stability and public order;

? (three) do not perform the duties of the owners' committee in accordance with the provisions, and the circumstances are serious.

If the district competent department dissolves the owners' committee, it shall notify the neighborhood office where the property is located to organize a meeting of the owners' assembly according to law and elect a new owners' committee.

< Implementation of Several Provisions of the Regulations on Property Management in Shenzhen Special Economic Zone > Article 19 If the decisions made by the owners' assembly and the owners' committee are suspected of violating the provisions of laws and regulations, the subdistrict office where the property is located shall be responsible for the investigation.

? After investigation and verification by the street office, the decision of the owners' congress and the owners' committee does violate the provisions of laws and regulations, and the street office shall order it to make corrections within a time limit. If the owners' congress or the owners' committee fails to make corrections within the time limit, the subdistrict office shall draw the competent department where the property is located to cancel the decision of the owners' congress or the owners' committee.

Article 8 of the Guiding Rules of Shenzhen Owners' Congress and Owners' Committee? The decisions of the owners' congress and the owners' committee shall comply with the provisions of laws and regulations. The owners' congress and the owners' committee shall not make decisions unrelated to property management, engage in activities unrelated to property management within the property management area, engage in business activities, or collect property management service fees from the owners.

Article 9 of the Guiding Rules of Shenzhen Owners' Congress and Owners' Committee? If the decision made by the owners' congress or the owners' committee violates laws and regulations, the community workstation or the community residents' committee may suggest that it be corrected and inform the district competent department of the relevant situation. Refuses to make corrections, the district competent department where the property is located shall order it to make corrections within a time limit or cancel it.

If the owners' committee is under any of the following circumstances, the district competent department where the property is located shall order it to be dissolved immediately, and the local community workstation or community residents' committee shall organize a meeting of owners according to law to re-elect the owners' committee:

(a) the owners' committee has ultra vires, does not actively perform its duties, violates laws and regulations and other acts, and infringes on the legitimate rights and interests of most owners, if the circumstances are serious;

(two) the behavior of the owners' committee seriously affects the stability of the community and society.

Article 53 of the Guiding Rules of Shenzhen Owners' Congress and Owners' Committee? If the decision made by the owners' committee beyond its authority causes losses to the owners, the members of the owners' committee who signed the decision shall be liable for compensation.